Check out this story.
"Burch proposed hiring a surveyor to survey the existing roads and a lawyer to write the legal descriptions of the existing roads."
Got to love that.
If they think they have a problem now, just wait until those lawyers get through writing the descriptions...
I believe this is in Utah, as indicated by the copyright line at the very bottom of the page. I hate how every newspaper assumes you are local and know which state when they put stuff on the WWW.
I'd like to see the plat versus aerial in order to understand this shift they are talking about. If it is a platted development, is it just a shift in the POB or are some lots the wrong size?
I suspect a JBS seminar in that town would do a lot of good. Monuments over measurements, etc.
Sounds like a task for Justice Thomas M. Cooley, and Walter Robillard. B-)
Its is called an assessor's Plat. They are tough, but it would get the job done, once and for all. (until new fences are built!)
> I believe this is in Utah, as indicated by the copyright line at the very bottom of the page. I hate how every newspaper assumes you are local and know which state when they put stuff on the WWW.
Correct it is Utah.
> I'd like to see the plat versus aerial in order to understand this shift they are talking about. If it is a platted development, is it just a shift in the POB or are some lots the wrong size?
Agreed. Not enough to give an good estimate of the damages.
> I suspect a JBS seminar in that town would do a lot of good. Monuments over measurements, etc.
Wonder if the original surveyor is still around :-S
> "Burch proposed hiring a surveyor to survey the existing roads and a lawyer to write the legal descriptions of the existing roads."
>
> Got to love that.
Haha...fix the problem then blow it up.
And what does that do? If you "shift" the right-of-way, is the new description now encoraching on half of the adjoiners?
What surveyor are you going to hire to survey the roads....one of the ones who have been using the existing roads as evidence for all these years, or the one that created the new map showing the road to be off?
Danged Utahianiteers
This is a new town according to the article. Only been around since 2004. That in itself is pretty amazing.
Sure happy its not in my backyard.
Danged Utahianiteers
Now there's a dream job. Being the original surveyor of a new modern town. As long as you set your orignal corners as designed, that whole town should be golden from now on. So what in the world happened here?
Danged Utahianiteers
The "Town" dates back well into the 19th Century. Occupation prior to the Original 1856 GLO Survey, and pretty much Lots and Blocks by the later (1880s) GLO Survey.
MUCH more complicated than expressed in the press(doh).
Loyal
Danged Utahianiteers
Thanks for clarifying that. There hasn't been a new "city" created anywhere near where I am since sometime in the 19th century, I believe.
If you believe paper deeds (metes without bounds) control over established physical boundaries THIS is the kind of BS you get. The common law is clear from the Utah Supreme Court, but who would look at that (almost nobody).
This is just a typical Utah boundary mess that exists on paper but not really on the ground. You can't help these people, they won't listen even when you show them the law.
Let'e just hope that when they get done doing all the deed stakeout, lawyers, title companies, and clueless public official involvement (probably abetted by a surveyor) that they get their quit-claim deeds in order and that the boundaries end up where they always been and have been established for 100 or more years. The ones you can mostly see standing on the side of the road, where the old timers will tell you they always been. It takes a special kind of blindness to look at a town more than 100 years old and not be able to see WHERE IT IS AND ALWAYS HAS BEEN. The town itself IS A MONUMENT. But alas they are looking at the most deficient sort of deed (no calls to monuments), holding the deed up between their eyes and the view of the town. The law is also blocked out by ignorance.
They could hire a surveyor that would locate the established legal boundary but they won't, and if they did they'd reject the survey that located the boundary and opt for all this BS.
